Auto Injuries

Even a minor automobile accident can have major effects on your health! When one automobile is struck by another, thousands of pounds of force are exerted on the neck and spine. Chiropractic Care can make the difference between true recovery and healing or lingering pain and disability.

How your body heals after a car accident is your choice. After several years, even a minor car accident as slow as 5 m.p.h. may lead to thinning of your discs and painful arthritis in the joints of your neck and back.

Introduction

Fender Bender

Michigan is a no-fault state, which means that your insurance policy will cover your losses from an automobile or motorcycle accident regardless of whether or not you caused it. If there is fault on the part of the other driver and you have suffered serious injuries, you may be able to bring a lawsuit against the driver at fault; however, this brochure will address those benefits which may be entitled to under your own no-fault insurance.

Entitlement

Michigan law requires that benefits are provided by an insurer when a person suffers “accidental bodily injury which arises out of the ownership, operation, maintenance or use of a motor vehicle as a motor vehicle”. This coverage pays for chiropractic or medical and related expenses, rehabilitation services, funeral and burial expenses, work loss, survivors’ loss payments and replacement services.

Health Care Benefits

Chiropractic and medical treatment shall be paid for by the no-fault insurer so long as the treatment is reasonable and necessary. These benefits are unlimited with the only requirement being that the injuries were incurred as a result of the automobile accident.

Wage Loss

Under Michigan no-fault, you may receive wage loss benefits equal to 85% of your gross wages. This benefit does have a maximum monthly rate, and wage loss benefits will only be paid for up to 3 years. Lost income can only be compensated if it can be shown that the injured person would have been unable to work during the 3 year period. Similarly, if a person is unemployed or was medically disabled at the time of the automobile accident, there is no right to wage loss benefits.

Replacement Services

A person disabled as a result of an automobile accident may receive up to $20.00 per day in replacement services. Replacement services cover those services normally performed by the disabled individual, but because of the automobile related injury, they can no longer perform them. Thus, outside help is required for day-to-day house and property maintenance, such as shopping, cleaning, laundry, lawn care, driving, etc. Generally your chiropractor or medical doctor must determine that replacement services are required for the patient in order to receive this type of benefit. Even family members who assist in the replacement services can be claimed in receiving this benefit.

Rehabilitation

Rehabilitation benefits are broad and may include such items as job retraining, physical rehabilitation accommodate permanent limitations.

Mileage

All travel to and from your chiropractor or medical doctor’s office should be reimbursed. This also includes travel to and from physical therapy or any other health related service which is reasonable and necessary medical treatment. It is best to maintain a log of the dates, distance and which health care facility was visited.

Survivors Loss Benefits

If you were to die as a result of injuries received in an automobile accident, your spouse and/or dependents will continue to receive those things of economic value that they were receiving before your death. This would include retirement benefits, health care premiums, etc. There is also $1,500.00 in funeral expenses towards the cost of burial.

Notice Requirements

You must file your claim for benefits within one year of the accident date. You must file your lawsuit for non-payment of benefits within one year from the date your insurance company denies payment.

Denial Or Termination Of Benefits

If you made a claim for no-fault benefits with your insurance company and benefits were denied, you may bring a lawsuit against your no-fault insurance company for breach of contract. Likewise, if benefits were paid and subsequently terminated, you may bring legal action against your insurance company to resume no-fault benefits. You may wish to consult with an attorney to discuss your rights and recourse in these situations because there are notification requirements.

Negligent Drivers

If the other driver was at fault, you maybe able to receive up to $400.00 for damages to your vehicle in the event you must pay a deductible or incur a property damage not covered by insurance. This may be pursued in Small Claims Court, or often times it will be paid voluntarily by the other driver’s insurance company if fault is clear.

Conclusion

If you are injured in an automobile accident, you may wish to consult an attorney to determine whether you are receiving all of the benefits you are entitled to under your own no-fault insurance. Also, if the other driver was at fault, you may wish to consult an attorney to determine if you have rights against the negligent driver. Should you have any questions, please feel free to call and make an appointment to discuss your particular situation. There is no charge for the consultation, and all cases are handled on a contingent fee basis.

Dr. David Silbert | (734) 285-0020We’re honored to be your choice for a Wyandotte Chiropractor!